Exclusionary Rule: Evidence gathered in violation to the Constitution cannot be used in trial. Implements Amendments 4 and 5.
Pros: Protects 4th Amendment rights, protects us against police misbehavior, other alternatives do not guarantee our rights (such as Civil Liability)
Cons: Some guilty criminals go free, does not effectively enforce 4th Amendment rights, punishes officers acting in good faith, slows the investigation process
Issue: Is terminating a pregnancy a right to privacy?
Background: A pregnant single woman (Roe) challenges constitutionality of Texas criminal abortion laws, which proscribe procuring or attempting an abortion except on medical advice for the purpose of saving the mother's life.
Ruling: court declared the abortion statutes void as vague and overbroadly infringing those plaintiffs' Ninth and Fourteenth Amendment rights
Issue: Should parents who send kids to private school be reimbursed for bussing?
Background: A New Jersey law authorized payment by local school boards of the costs of transportation to and from schools - including private schools. 96 percent of reimbursements were Catholic schools. Arch R. Everson, a taxpayer in Ewing Township filed a lawsuit alleging that this indirect aid to religion through the mechanism of reimbursing parents and students for costs incurred as a result of attending religious schools violated both the New Jersey State Constitution and the First Amendment
Ruling: supported the New Jersey law, ruling that the money supported individual students, not the religious institutions they attended
Issue: Can a private/ pirochial school school be reimbuursed for textbooks, materials, and staff salaries by the state?
Background: 1968 Pennsylvania Nonpublic Elementary and Secondary Education Act allowed state Superintendent of Public Instruction to reimburse nonpublic schools (most of which were Catholic) for teachers' salaries who taught secular material in these nonpublic schools, secular textbooks and secular instructional materials
Ruling: established "Lemon Test" which allows school districts, legislatures, and courts to more easily determine whether assistance to religious groups is protected under the establishment clause; established the three criteria that must be met in order for the state to provide aid to religious institutions
The purpose of the aid must be secular
the aid must neither advance nor inhibit religion
the aid must avoid "excessive entanglement" with religious groups
Edited by: Anthony Hall
1. Procedural Due Process:
2. Pros and Cons of Exclusionary Rule:
- Exclusionary Rule: Evidence gathered in violation to the Constitution cannot be used in trial. Implements Amendments 4 and 5.
- Pros: Protects 4th Amendment rights, protects us against police misbehavior, other alternatives do not guarantee our rights (such as Civil Liability)
- Cons: Some guilty criminals go free, does not effectively enforce 4th Amendment rights, punishes officers acting in good faith, slows the investigation process
- http://sobek.colorado.edu/~mcfarltw/Two%20Illustrative%20Cases.pdf
- http://law.jrank.org/pages/1111/Exclusionary-Rule.html
3. Roe v. Wade:4. Everson v. the United States
5. Lemon v. Kurtzman
6. 3-pronged test for obscenity